조선시대의 형법사상과 통제에 관한 연구: 조선 후기 정약용의 형정사상을 중심으로

Abstract

The goal of this study is to illuminate the confucious thoughts of chosun dynasty and criminal policy. This study explores Chosun Dynasty’s scientific investigation and penal administration systems in key central organizations, such as Criminal Theory of Confucian Thoughts, Ethics and penal civil servants. That time, chosun dynasty civil servants sometimes was partial towards the opposition people and general people. Even with substantial proofs and criminal procedure the civil servants did not fully investigate if he should become vulnerable of criminal knowledge. Another major explanation of increasing incidence of crime is the complexity of criminal pattern and investigations associated with chinese influence and confucious factors. Studies by chung yak yong suggest that two principal factors of criminal system and humanism. These two facts need further explication in order to examine our modern penal policy building. I analyzed that many of environments contain all the elements of bureaucrats crime and authority, deviance and anomie, crime and corruption and vulgarity and violence caused by elite class in chosun dynasty. The analyses and legislative measures designed by these chosun penal policy and chosun countries were based on solid classic research, which I uncovered in my translations and interviews with confucious men in those countries. First, introduce the facts and theory of chosun dynasty and chinese country, which are noted for the criminal Policy in cofucious thoughts. Second, to define each of the functions and problems of chosun dynasty criminal systems, including mokminshim seo, heum heum shim seo, guyeong kook dae jeon in chosun dynasty, dae myeong ryeul in chinese. Third, to examine the criminal case studys and their problems in chosun dynasty and the possible answers with focus on chung yak yong, penal confucious thoughts and his humanism to the people. Fourth, this paper shows that although criminal policy of chosun dynasty was incompletion, non investigation, civil servants have and must be humanism, broadminded spirit for people.